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MAYOR AND CABINET Report Title Article 4 Direction for Lewisham’s southern wards of Bellingham, Downham, Whitefoot and Grove Park to withdraw permitted development rights for the change of use from dwelling house (Use Class C3) to small HMO’s (Use Class C4) Key Decision Yes Item No. Ward Bellingham, Downham, Whitefoot and Grove Park Contributors Executive Director for HRE, Director of Planning & Strategic Planning Manager Class Part 1 Date: 18 September 2019 1. Purpose 1.1. The purpose of this report is to inform Mayor and Cabinet about the outcome of the representation period to the notice of making a non-immediate Article 4 Direction to withdraw permitted development rights for the change of use from C3 dwelling houses to class C4 houses in multiple occupation (HMO’s) in Lewisham southern wards of Bellingham, Downham, Grove Park and Whitefoot. 1.2. This report fulfils stage 4 in the process of implementing a non-immediate Article 4 Direction and seeks approval for the Head of Legal to authorise confirmation of the direction. 1.3. If authorised for confirmation, the Article 4 Direction will take effect on 7 March 2020 which is 12 months after the direction was published. 2. Background 2.1 At its meeting on 16th January 2019, Mayor and Cabinet agreed on the following recommendations: Approve the making of a non-immediate Article 4 Direction for Lewisham southern wards of Bellingham, Downham, Whitefoot and Grove Park to withdraw permitted development rights for the change of use from dwelling houses (Use Class C3) to small HMO’s (Use Class C4), with such direction to come into force 12 months after notice of the direction is published. Authorise officers to carry out consultation in accordance with Section 6 of the M&C report. Note the financial and legal implications of making the Article 4 Direction set out in the M&C report. 2.2 An updated Lewisham HMO Evidence and Review Paper (November 2018) accompanied the M&C report 16th January 2019. 2.3 The review paper concluded that whilst the data did not suggest a significant increase of HMOs within the borough it did however demonstrate a change in the spatial distribution of HMOs with a significant increase and clustering of HMOs within the boroughs southern wards. 2.4 This was further verified by street surveys carried out by the council from October 2017 that focused on three Lewisham wards Bellingham, Downham and Whitefoot. 2.5 These southern wards which have traditionally had the lowest proportion of HMO’s in the borough are unsuitable locations for high concentrations of HMO’s due to their: High levels of deprivation Poor public transport accessibility Suburban character with a high concentration of family homes 2.6 Within these wards numerous properties within recent years have been extended and then converted to a small HMO using permitted development rights. 2.7 An Article 4 Direction made under the Town and Country Planning (General Permitted Development) Order 2015 (referred to hereafter as GDPO) removes these permitted development rights that would otherwise have been available to the property. It is important to note that an Article 4 Direction merely removes the permitted development right, it does not remove the right of a person to make an application for planning permission to carry out the development. Any such application would be determined in accordance with the development plan unless material considerations indicate otherwise. 2.8 The National Planning Policy Framework (NPPF) 2019 paragraph 53 states that. The use of Article 4 directions to remove national permitted development rights should be limited to situations where this is necessary to protect local amenity or the well-being of the area (this could include the use of Article 4 directions to require planning permission for the demolition of local facilities). 2.9 In response to this evidence the M&C report recommended the use of an Article 4 Direction for Lewisham’s Southern wards of Bellingham, Downham, Whitefoot and Grove Park to withdraw permitted development rights for the change of use from dwelling house (Use Class C3) to small HMO’s (Use Class C4). The making of an Article 4 Direction is considered to be in compliance with the NPPF and would enable the Council to better manage the impact of small HMO’s within the boroughs southern wards. 2.10 The Article 4 Direction was made on 5 March 2019. Summary of consultation 2.11 The consultation on the Article 4 Direction complied with guidance set out in the General Permitted Development Order 2015 (GPDO). The Council received a total of 36 representations, 34 of which were residents. 70% of residents who made representations were in favour of implementing an Article 4 Direction within the area. The Council received substantive objections from the Residents Landlord Association (RLA) and National Approved Letting Scheme (NALS) which is discussed in more detail in Section 5. 2.12 The Ministry of Housing, Communities and Local Government (MHGLC) raised no objections or issues with the making Article 4 Direction. 3. Recommendations The Mayor and Cabinet is recommended to; 3.1 Note the responses to the consultation set out in Section 5. 3.2 Resolve that Director of Law authorise the confirmation of the non-immediate Article 4 Direction, which removes permitted development rights from C3 Dwelling houses to C4 Houses in Multiple Occupation (HMO) for 3 to 6 unrelated people in Lewisham southern wards of Bellingham, Downham, Whitefoot and Grove Park. 3.3 Note the legal and financial implications set out in Section 7 and 8. 4. Policy Context – Article 4 Directions 4.1 The government’s on-line national planning practice guidance (NPPG entitled “When is permission required?”) sets out guidance on the use of Article 4 Directions. 4.2 An Article 4 Direction can be used to remove specific permitted development rights in all or parts of the local authority’s area. It does not restrict development altogether, but instead ensure that development requires planning permission. A planning application for the proposal would need to be submitted that would then be determined in accordance with the development plan unless material considerations indicate otherwise. 4.3 Article 4 Directions must apply to all uses within the relevant use class and it cannot restrict changes within the same use class. 4.4 The NPPG states that an Article 4 Direction to remove national permitted development rights should be limited to situations where this is necessary to protect local amenity or the wellbeing of the area. It also states that in deciding whether an Article 4 Direction would be appropriate, local planning authorities should identify clearly the potential harm that the direction is intended to address (NPPG paragraph 038). 4.5 Article 4 Directions can either be immediate or non-immediate depending upon when notice is given of the date on which they come into force. Immediate directions can be made where the development presents an immediate threat to local amenity or prejudices the proper planning of an area (NPPG paragraph 045). Lewisham Council’s Corporate Priorities 4.6 The proposed Article 4 Direction will help the Council to better manage the imapct of small HMO’s within the boroughs southern wards and in turn help to deliver on the following corporate priorities: Making Lewisham greener – everyone enjoys our green spaces, and benefits from a healthy environment as we work to protect and improve our local environment Building safer communities – every resident feels safe and secure living here as we work together towards a borough free from the fear of crime Tackling the housing crisis –everyone has a decent home that is secure and affordable 5. Planning Applications 5.1 If confirmed, the Article 4 Direction removes permitted development rights necessitating the submission of a planning application for change of use from a C3 use to a C4 use. The council would be obliged to determine any planning application in accordance with the development plan unless material considerations indicate otherwise. In Lewisham’s case, the development plan includes the London Plan, the Core Strategy, the Development Management Plan, the Site Allocations Plan and the Lewisham town centre Local Plan. 5.2 The relevant policy relating to Homes in Multiple Occupation (HMOs) in the Lewisham Development Management Plan is DM Policy 6 Houses in multiple occupation (HMO) 1.The Council will only consider the provision of new Houses in Multiple Occupation where they: a. are located in an area with a public transport accessibility level (PTAL) of 3 or higher b. do not give rise to any significant amenity impact(s) on the surrounding neighbourhood c. do not result in the loss of existing larger housing suitable for family occupation, and d. satisfy the housing space standards outlined in DM Policy 32. 2.The Council will resist the loss of good quality Houses in Multiple Occupation. 3.The self containment of Houses in Multiple Occupation, considered to provide a satisfactory standard of accommodation for those who need shorter term relatively low cost accommodation will not be permitted, unless the existing floorspace is satisfactorily re-provided to an equivalent or better standard. 6. Consultation 6.1 The consultation on the Article 4 Direction complied with provisions set out in the GPDO. Notice of the Direction was made by: Advertisement in the News Shopper 22 Site Notices placed in visible locations for a period of 9 weeks across the Borough’s southern wards; The document was made available on the Councils website as well as number of convenient locations including the planning reception, Catford Library, Downham Library, Sydenham Community Library and Grove Park Community Library 6.2 The requirement for written notification was waived (in accordance with the guidance set out in the GPDO) due to the number of owners and occupiers within the area.